Labor Department Inaction on Safety Equipment Responsible for 50 Deaths, 400,000 Injuries

Labor Unions Sue to Make Employers Provide Safety Equipment for Workers

FOR IMMEDIATE RELEASE
January 3, 2007

CONTACT:
TJ Michels, (202) 236-1223

WASHINGTON, DC - Eight years of delay by the U.S. Department of Labor on issuing a standard requiring employers to pay for job-related personal protective equipment (PPE) -- a standard that, by the government's own estimates, would have prevented 50 deaths and 400,000 injuries on the job had it been released on time - today prompted the United Food and Commercial Workers (UFCW), a Change to Win affiliate union, and the AFL-CIO to sue to force the release of the standard.

The Bush Administration's foot-dragging on this important rule has exposed 20 million working people in some of America's most dangerous industries, including meatpacking, poultry, and construction, to a terrible choice: pay for the protective equipment out of their own already-low wages, or accept increased risk of injury on the job due to a lack of protective equipment.  The Occupational Health and Safety Administration (OSHA) estimates that 400,000 workers have been injured and 50 have died because of this shortfall in protection on the job.

OSHA's longstanding policy has been to require employers to pay for safety equipment.  In 1997, the Occupational Safety and Health Review Commission found that OSHA's existing standard did not meet this policy requirement; therefore, a new rule was required.  OSHA promised in 1999 to issue this new rule in July 2000, but it missed that deadline and every self-imposed deadline since.  The agency has failed to act in response to a 2003 petition by UFCW and the AFL-CIO and numerous requests by the Hispanic Congressional Caucus. The lawsuit filed today seeks to end this eight-year delay, calling it "egregious."

"Nothing is standing in the way of OSHA issuing a final PPE rule to protect worker safety and health except the will to do so. It is long overdue that the agency take action on protective equipment. Now, we are asking the courts to force OSHA to act," said Joseph Hansen, UFCW International President.

"UFCW has taken the lead in resolving this issue, which threatens the health and safety of millions of working men and women.  All the Change to Win unions are proud to stand with them," said Change to Win Chair Anna Burger.

The lawsuit, filed in the U.S. Court of Appeals for the District of Columbia Circuit, asks the court to order the Secretary of Labor to complete the PPE rule within 60 days of the court's order.